SUKHDEV Vs. KALARAM

JUDGEMENT

(1.) The applicant has filed the present Cr.M.P. under Sec. 482 Cr.P.C. challenging legality and propriety of order dtd. 27/7/2015 passed by the Additional Sessions Judge, Sarangarh passed in Criminal Revision No. 17/2014 affirming the order dtd. 13/2/2014 passed by the Sub Divisional Magistrate, Sarangarh in Misc. Criminal Case No. 438/2009.

(2.) The facts as projected by the applicant are that the applicant has filed application under Ss. 145 and 146 of the Cr.P.C. before the Sub Divisional Magistrate, Sarangarh, District - Raigarh on 16/11/2009 and also filed an application under Sec. 146 Cr.P.C. for attachment of the land as well as crop mainly contending that the property bearing Khasra No. 836 area 0.235 Ha., Khasra No. 831 area 0.174 Ha, Khasra No. 845/1 area 0.081 Ha., Khasra No. 1071 area 0.057 Ha., Khasra No. 1519/1 area 0.214 Ha. total area 0.761 Ha. Situated in village Kosir, Patwari Halka No. 2 Tahsil Sarangarh, District - Raigrah is recorded in the name of Dashrath S/o Anand Rawat. He has also attached document B-1 Kistbandi along with the application filed before Sub Divisional Magistrate Sarangarh.

(3.) Learned counsel for the petitioner would submit that Dashrath died on 14/4/2009 and his wife also died. They have no issue. The present applicant is the only legal heir of the deceased Dashrath. He has valid succession over the land bearing area 0.761 Ha. owned by deceased Dashrath. On the said land he has cultivated Sarna rice which is ready for harvesting, but all of a sudden respondent Kalaram started announcing that he will harvest the crop, therefore, he has filed application before the Sub-Divisional Magistrate, Sarangarh stating that seizure of agricultural land and possession over the land be also declared, so that the interest of the applicant is secured. In support of his application he has also filed affidavits of Nok Kumar and Mahendra.